4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #95

[whiterhino]

This question is actually very interesting and more complex than it appears at first glance. I did a little research and each state actually decides when a suspect's DNA will be entered into CODIS. These are the rules from the Idaho DNA database act: https://legislature.idaho.gov/wp-content/uploads/statutesrules/idstat/Title19/T19CH55.pdf

At the very bottom of page 3, there is a section which discusses this very issue: 19-5507. Responsibility for Sample Collection--Timing of Sample Collection--Site for Sample Collection.

It looks to me (based on Page 3- 4, (1)) that the DNA for CODIS is normally collected after conviction and before sentencing. So...I'm not sure if BK's DNA is in CODIS or not at this time.

This was my question a few days ago when we were discussing CODIS, whether BKs DNA has already been entered. He hasn't been convicted therefore I didn't think it was possible. But then (iirc) @Cool Cats said yes, they've already submitted it.

In the LISK thread someone mentioned that RHs' DNA hasn't been entered because he has not been convicted. Does this kind of thing vary from state to state?

 

[iamshadow21]

This was my question a few days ago when we were discussing CODIS, whether BKs DNA has already been entered. He hasn't been convicted therefore I didn't think it was possible. But then (iirc) @Cool Cats said yes, they've already submitted it.

In the LISK thread someone mentioned that RHs' DNA hasn't been entered because he has not been convicted. Does this kind of thing vary from state to state?

It does. New York is a post conviction state.

 

[Nattyj1991]

This was my question a few days ago when we were discussing CODIS, whether BKs DNA has already been entered. He hasn't been convicted therefore I didn't think it was possible. But then (iirc) @Cool Cats said yes, they've already submitted it.

In the LISK thread someone mentioned that RHs' DNA hasn't been entered because he has not been convicted. Does this kind of thing vary from state to state?

Yes according to his post, it is up to the state when the info gets submitted to CODIS.

 

[Megnut]

This was my question a few days ago when we were discussing CODIS, whether BKs DNA has already been entered. He hasn't been convicted therefore I didn't think it was possible. But then (iirc) @Cool Cats said yes, they've already submitted it.

In the LISK thread someone mentioned that RHs' DNA hasn't been entered because he has not been convicted. Does this kind of thing vary from state to state?

Perhaps there's a difference with a distinction.

Surely the recovered DNA from the sheath was run through CODIS but not entered, and after LE swabbed BK for DNA, it was not entered into CODIS because he hasn't been convicted of any crime.

So... IMO, theoretically, assuming BK is in fact guilty and supposing he commit another murder today, for which his DNA was sent to CODIS, there would be no hit.

If this is the case, then IMO it's possible that BK is guilty of other crimes for which he has not been convicted, ergo no DNA on file with CODIS.

My conclusion: the anonymous DNA from the sheath was put through CODIS without match, it was not entered into CODIS nor later when BK's DNA was collected, and won't be entered into CODIS, until or unless he's convicted of a felony.

JMO

 

[whiterhino]

Perhaps there's a difference with a distinction.

Surely the recovered DNA from the sheath was run through CODIS but not entered, and after LE swabbed BK for DNA, it was not entered into CODIS because he hasn't been convicted of any crime.

So... IMO, theoretically, assuming BK is in fact guilty and supposing he commit another murder today, for which his DNA was sent to CODIS, there would be no hit.

If this is the case, then IMO it's possible that BK is guilty of other crimes for which he has not been convicted, ergo no DNA on file with CODIS.

My conclusion: the anonymous DNA from the sheath was put through CODIS without match, it was not entered into CODIS nor later when BK's DNA was collected, and won't be entered into CODIS, until or unless he's convicted of a felony.

JMO

There are similar comments/questions in the LISK thread.

RBBM others have said that it was already entered? Idk anything about this subject and I don't even know the proper terminology. I assumed a persons DNA wouldn't be input for future comparison until/unless there is a conviction.

 

[Megnut]

There are similar comments/questions in the LISK thread.

RBBM others have said that it was already entered? Idk anything about this subject and I don't even know the proper terminology. I assumed a persons DNA wouldn't be input for future comparison until/unless there is a conviction.

Yes, and I think that's the tangle. His DNA was run through CODIS in search of a match (before LE knew whose DNA it was) but since BK had never been convicted of any felonies (as an adult at least), no match was made. Regardless, his DNA was not entered into CODIS at that time.

I doubt CODIS contains a graveyard of anonymous, unmatched DNA profiles. It's a database of (known) convicted felons (and in some states charged/arrested individuals). DNA with names.

JMO

 

[whiterhino]

Yes, and I think that's the tangle. His DNA was run through CODIS in search of a match (before LE knew whose DNA it was) but since BK had never been convicted of any felonies (as an adult at least), no match was made. Regardless, his DNA was not entered into CODIS at that time.

I doubt CODIS contains a graveyard of anonymous, unmatched DNA profiles. It's a database of (known) convicted felons (and in some states charged/arrested individuals). DNA with names.

JMO

Not sure what you mean? I don't think anyone is disputing this afaIk. CODIS was originally for tracking sex offenders.

 

[Balthazar]

This was my question a few days ago when we were discussing CODIS, whether BKs DNA has already been entered. He hasn't been convicted therefore I didn't think it was possible. But then (iirc) @Cool Cats said yes, they've already submitted it.

In the LISK thread someone mentioned that RHs' DNA hasn't been entered because he has not been convicted. Does this kind of thing vary from state to state?

Yes, each state has their own rules and procedures on this. In Texas, for example, DNA is collected from all persons charged with a felony, immediately after fingerprinting on intake into jail or prison. (See HB 3956). Statewide CODIS DNA Database Program Overview | Department of Public Safety.

These rules and procedures also contain procedures for having DNA removed from CODIS if the defendant is found not guilty or the case is dismissed. In Idaho, the defendant who has been found not guilty must initiate the process to remove his/her DNA from CODIS whereas in Texas, the court is required to make this request immediately after the defendant is found not guilty or the case is dismissed.

 

[Cool Cats]

This was my question a few days ago when we were discussing CODIS, whether BKs DNA has already been entered. He hasn't been convicted therefore I didn't think it was possible. But then (iirc) @Cool Cats said yes, they've already submitted it.

In the LISK thread someone mentioned that RHs' DNA hasn't been entered because he has not been convicted. Does this kind of thing vary from state to state?

CODIS is used in various ways.

LE has DNA from a crime scene and they do not have a name to go with it so it goes into CODIS.

A missing person's remains have been found and they do not have a name to go with it so it goes into CODIS.

After a conviction, according to Federal law, inmate's DNA is entered into CODIS to see if the inmate's DNA matches any other DNA from unsolved crimes.

RH's DNA will be put in after conviction - according to Federal law - to see if his DNA matches any other DNA from previous crimes.

BK's DNA was put into CODIS when they ran his unknown DNA from the King Rd crime scene to identify the King Rd DNA.

When BK is convicted his DNA will go into the CODIS system to check to see if BK is attatched to any other DNA from unsolved crime scenes.

BK's DNA was put into CODIS for one reason - to identify unknown King Rd. crime scene DNA. But, BK's DNA will be used for a different reason after he is convicted - CODIS will run it to see if BK's DNA matches any other unknown crime scene DNA.

Codis now has BK's DNA legally, they do not need it again. But, it is after he is convicted that they can start running it to see if his DNA turns up a match to any other unknown DNA at crime scenes.

Gilgo Beach Murders: Here's why suspect Rex Heuermann's DNA has not been put into CODIS

While DNA evidence was crucial in connecting Rex Heuermann to the heinous crimes, the suspect's DNA could not be entered into the database

meaww.com

The FBI’s Combined DNA Index System (CODIS) Hits Major Milestone​

https://www.fbi.gov/news/press-releases/the-fbis-combined-dna-index-system-codis-hits-major-milestone

CODIS and NDIS Fact Sheet | Federal Bureau of Investigation

A compilation of frequently-asked questions about the Combined DNA Index System (CODIS) and the National DNA Index System (NDIS).

www.fbi.gov